Foreign Corruption Compliance: Should You Have An Anti-Bribery Compliance Program?

After a quiet first decade, Canadian authorities are stepping up enforcement of Canada's Corruption of Foreign Public Officials Act.

The CFPOA makes it an offence for companies or individuals to give, offer (or agree to give or offer) a loan, reward, advantage or benefit of any kind to a foreign official in order to obtain or retain business or any other improper advantage. The offence covers bribes given directly or indirectly, including bribes that are given through a third party (e.g., agents). It also applies to aiding and abetting in committing these offences, an intention in common to commit them, and counseling others to commit these offences.

There are very limited exceptions or defences for payments or other benefits that are lawful. You may make "facilitation payments" to expedite or secure the performance by a foreign public official of any "act of a routine nature". Note that a decision to award or renew a contract, or a decision on the terms of a